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Questions Answered by Jonathan R. Ratchik
1 Answer | Asked in Criminal Law, Family Law and Personal Injury for New York on
Q: My wife filed a bunch of faults police reports on me with her friend some how I got charged with a felony esdropping

Every report is faults I can prove every other statement is a lie but the esdropping charge I can't prove i have to go to Grand jury every report is filed by my wife and her friend. I have a public defender because I have a divorce lawyer I can't afford both lawyers. Don't know what... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Mar 15, 2021

Sorry to hear what you're going through. If the reports that were filed against you were truly false, you might have a viable claim for defamation. Here's an article I found online which you might find helpful,... Read more »

1 Answer | Asked in Civil Litigation, Libel & Slander, Personal Injury and Employment Law for New York on
Q: My sister was assaulted on her job by the assistant director of the respiratory department. What should she do?

She is working as a temporary worker at a hospital for an assignment. She was shoved twice and verbally assaulted by the male employee. He was arrested on Friday, but has since been released with no charges per the police. My sister is experiencing trauma from being physically assaulted by this... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Mar 15, 2021

Sorry to hear what happened to your sister. If she hasn't already, she should report the incident to her supervisor and request that the other employee be transferred to a different department to reduce the risk that she might run into him again. With regard to bringing a lawsuit against the... Read more »

4 Answers | Asked in Personal Injury for New York on
Q: Can i sue a restaurant for the injury damages i got from falling on their steps, i was also drunk when this happened.
Jonathan R. Ratchik
Jonathan R. Ratchik answered on Mar 1, 2021

As my colleagues have correctly advised, whether you can sue the restaurant for your fall depends on whether your fall was caused by some dangerous or defective condition on the stairs themselves. If there was nothing wrong with the stairs and you fell due to your own intoxication, that would not... Read more »

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2 Answers | Asked in Personal Injury for New York on
Q: After heating up a cup of hot water for my tea, when I went to take a sip, the handle broke off.

After heating up a cup of hot water for my tea, when I went to take a sip, the handle broke off and the scolding hot water burned my right thigh. I suffered second degree burns on my front and back thigh yesterday afternoon on 02/21/2021. I did seek medical attention and was prescribed medication... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Feb 23, 2021

So sorry to hear what happened to you. Whether you have a viable lawsuit really depends on why the handle of the cup fell off and the nature of your injuries. Products liability lawsuits are very expensive and usually only make sense when there has been a serious, permanent injury. That said,... Read more »

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2 Answers | Asked in Personal Injury and Insurance Defense for New York on
Q: Need advisement on legal documentation

settlement agreement questions

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Feb 22, 2021

If you are already represented by an attorney you should speak with that attorney about the proposed settlement agreement. If you do not have an attorney, however, unless you are willing to pay an attorney by the hour, it is unlikely you are going to find one who is willing to review the... Read more »

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3 Answers | Asked in Health Care Law, Personal Injury and Wrongful Death for New York on
Q: Is there a time limit to file on a wrongful death (hospital) lawsuit in New York state?

I lost a child at just under 36 weeks pregnant. I was told by a lawyer at the time (2000) that nothing could be done because the baby did not take a breath outside of utero, but, the reason the baby didn't take a breath was negligence on the part of the hospital staff. I have proof in... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Feb 19, 2021

I'm so sorry for your loss. Unfortunately, New York State does not recognize wrongful death claims for the death of an unborn child, Endresz v. Friedberg, 24 N.Y.2d 478 (1969). https://casetext.com/case/endresz-v-friedberg Although you may have been able to sue for your own grief and... Read more »

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2 Answers | Asked in Personal Injury and Products Liability for New York on
Q: i need a lawyer who handles claim for Hyundai elantra 2012 in NY or near NY
Jonathan R. Ratchik
Jonathan R. Ratchik answered on Feb 12, 2021

You can find a lawyer using the Find a Lawyer tab on the JUSTIA homepage.

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1 Answer | Asked in Libel & Slander and Personal Injury for New York on
Q: what are examples of NY cases where absolute privilege does not shield person from liability for defamation?
Jonathan R. Ratchik
Jonathan R. Ratchik answered on Feb 10, 2021

Most of your run-of-the-mill defamation cases will not invoke the absolute privilege defense. Defamatory statements that are entitled to absolute privilege are those made in the context of legislative proceedings, judicial proceedings, etc. Here's an article I found online which you might... Read more »

3 Answers | Asked in Animal / Dog Law, Personal Injury and Employment Law for New York on
Q: Do I have a right to defend myself, against a dog; If it attacks me in NY state?

I AM NOT, a violent person, and I DID NOT, hurt this dog! I was at work, and a customers dog was off the leash. A Big mastiff, type of dog! Im trying to work, and this dog is circling the shop, growling, and barking at me. I value my own life, and safety over this dogs! The day before, I asked this... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Feb 1, 2021

You certainly have the right to defend yourself if the dog attacks you or places you in imminent fear of bodily injury. Your employer is also required, under the law, to provide you with a safe workplace. This would arguably include prohibiting dogs with vicious propensities from being on the... Read more »

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1 Answer | Asked in Personal Injury and Civil Litigation for New York on
Q: My civil suit said cc adjourned last month and again this month, it now says March 31 conference what does this mean

It is also a 2 almost 3 year old case

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jan 28, 2021

It sounds like your conference was administratively adjourned (postponed) by the Court until March 31st. Substantively it should not affect your case at all. If you are very concerned you can always call the Court and speak with one of the clerks. If applicable, use the extra time to complete... Read more »

2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: i need a lawyer to subpoena phone records so i can start a lawsuit with a hospital for malpractice and other lawsuits
Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jan 27, 2021

As my colleague correctly pointed out, in order to issue a subpoena you need to already have a lawsuit.

Additionally, although CPLR § 3102(c) permits pre-action discovery to aid you in bringing a lawsuit (such as identifying responsible parties, etc.), you cannot use it to determine...
Read more »

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4 Answers | Asked in Personal Injury for New York on
Q: Can we sue the state for a drain cover that's slightly protruded from the ground?

My mother in law tripped over it and fell on her face, she got pretty bruised up. She said she almost tripped on it on a separate occasion as well. She ended up in the hospital with major bruising on her face. Is there anything she could do about it?

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jan 19, 2021

So sorry to hear what happened to your mother. Although you could certainly bring a lawsuit against the party which is responsible for the drain in question, as my colleagues have correctly pointed out, unless your mother's injuries are severe, the time and expense of a lawsuit may not be... Read more »

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2 Answers | Asked in Landlord - Tenant for New York on
Q: I was wondering if my landlord can change my locks on my apartment and not let me in because i turned off my electric.

Its was a month to month so no lease. I payed my rent for the month and started moving some of my things into a storage unit and my landlord changed my locks even though i have 2 weeks left in my rent

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Dec 17, 2020

I agree with my colleague - your landlord cannot lock you out of your apartment, especially if you have 2 weeks left on your lease. Here's a publication I found online which you might find useful, https://ag.ny.gov/sites/default/files/tenants_rights.pdf On page 36, it reads as follows:... Read more »

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2 Answers | Asked in Civil Litigation for New York on
Q: Can I sue someone that stole money from me and left me stranded it's been over 4 yrs but the person still acknowledges

The debt they amen to me this summer to talk about it can I still sue since they still acknowledge and promise still to pay me back

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Nov 16, 2020

You can still sue them but the longer you wait, the weaker your case becomes and the less likely the individual will still have the money to repay you. Here's a table I found through the NYS Court system which lists the statute of limitations for various types of lawsuits,... Read more »

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2 Answers | Asked in Personal Injury, Products Liability and Small Claims for New York on
Q: My wife got drenched by gas station hose from it being defective. Can I do anything about that

Gas got into her eyes, that caused them to be red and she had to throw out her cloths

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 28, 2020

So sorry to hear what happened to your wife. Given that lawsuits are generally reserved when there has been a serious, permanent injury, litigation might not be the way to go. Moreover, the gas station would arguably not have any liability (legal responsibility) unless it either knew, or should... Read more »

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2 Answers | Asked in Personal Injury and Landlord - Tenant for New York on
Q: Why can't I find a lawyer to serve mold remediation co. Who already admitted guilt? In manhattan no less!

Sept 2018 flood in nyc condo- subsequent mold confirmed esp significantly high levels aspergillus & penicillium. Only Owner/ex husband is on home ins policy which he received$20,000 ins check Oct 10- yet did not schedule mold remediation until Dec 10-13 - 'not a reasonable amount of time... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 21, 2020

Your question is a bit unclear. Do you want to sue the landlord for the mold problem or the mold remediation company for not performing a post-remediation assessment and for not cleaning up its equipment? Regardless, toxic mold litigation never really took off in New York after the state's... Read more »

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3 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: I stood in a psychiatric facility and was assaulted by another patient twice due to the negligence of staff members.

Staff advised that the patient would be no where near me and would be assigned someone to watch her at all times however, she was still able to attack me again the following week. I needed the visit the Emergency Room once and the second time treated in house. Would I be able to sue the facility... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 21, 2020

You might be able to sue toe facility depending on whether the facility had notice (knowledge) of the other patient's vicious propensities and whether its failure to provide adequate security caused or contributed to the attack. What it all boils down to is whether the assault was foreseeable... Read more »

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1 Answer | Asked in Personal Injury and Workers' Compensation for New York on
Q: Workplae accident third party liability

Hi,

I work for a woodwork company, I'm a cabinet maker and I has an a severe injury on my thumb finger whit a table saw, I'm got a workers comp lawyer now, but the case is that the place where the company is, is not owned by my employer, and the floors are really uneven and... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 19, 2020

So sorry to hear what happened to you. Thumb injuries can be very disabling. Generally speaking, whether a building owner is responsible for an injury depends on whether there was a dangerous condition on the premises, whether the building owner knew of the dangerous condition and if that condition... Read more »

1 Answer | Asked in Personal Injury for New York on
Q: Worksite accident liability

Hi,

I work for a woodwork company in Brooklyn, I'm a cabinet maker and I has an a severe injury on my thumb finger whit a table saw on that place, I'm got a workers comp lawyer now, but the case is that the place where the company is, is no owned by my employer, and the floors are... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 19, 2020

So sorry to hear what happened to you. Thumb injuries can be very disabling. Generally speaking, whether a building owner is responsible for an injury depends on whether there was a dangerous condition on the premises, whether the building owner knew of the dangerous condition and if that... Read more »

1 Answer | Asked in Legal Malpractice for New York on
Q: What can I do if I am afraid of the attorneys representing me? If they are verbally abusive and threatening and coercing
Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 19, 2020

Sorry to hear that you do not have a good relationship with your attorney. Fortunately you have the right to discharge your attorney at any time, for any reason. You can find a new lawyer using the Find a Lawyer tab on the JUSTIA homepage. Here's an article I found online through the NYC... Read more »

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